Annexes to COM(2007)74 - Amendment of Council Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin tuna recommended by the International Commission for the Conservation of Atlantic Tunas

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dossier COM(2007)74 - Amendment of Council Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin tuna recommended by the ...
document COM(2007)74 EN
date June 11, 2007
ANNEX I

In Annex I D to Regulation (EC) No 41/2007 the entry concerning the bluefin tuna in zone Atlantic Ocean, east of longitude 45° W, and Mediterranean shall be replaced by the following:

Species:Bluefin tuna

Thunnus thynnus
Zone:Atlantic Ocean, east of longitude 45° W, and Mediterranean

BFT/AE045W
‘Cyprus154,68
Greece287,23
Spain5 568,21
France5 493,65
Italy4 336,31
Malta355,59
Portugal523,88
All Member States60 (1)
EC16 779,55
TAC29 500


(1) Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.’


ANNEX II

The following Annex shall be inserted into Regulation (EC) No 41/2007:

‘ANNEX XVIa

ICCAT Recovery Plan for Bluefin Tuna

Part I

Specific conditions applying to bait boat, trolling boat and pelagic trawler fisheries in the Eastern Atlantic

1.Each Member State shall limit the maximum number of its bait boat and trolling boats authorised to fish bluefin tuna to the number of the vessels participating in directed fishery for bluefin tuna in 2006.

2.Each Member State shall limit the maximum number of its pelagic trawler vessels authorised to fish bluefin tuna as by-catch.

3.By 30 June 2007, Member States shall submit to the Commission the number of fishing vessels established pursuant to paragraphs 1 and 2. The Commission shall promptly forward that information to the ICCAT Secretariat.

4.
(a)Each Member State shall ensure that vessels to which a special fishing permit referred to in paragraphs 1 and 2 has been issued are included in a list containing their name and Community fleet register number (CFR) as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (1).

(b)Each Member State shall send to the Commission the list referred to in paragraph (a) and all subsequent amendments in a computer readable form.

(c)Amendments to the list referred to in paragraph (4 a) shall be transmitted to the Commission at least five days prior to the date that the vessel newly inserted in that list enters the Eastern Atlantic. The Commission shall promptly forward amendments to the ICCAT Secretariat.

5.No more than 10 % of the Community quota for bluefin tuna shall be allocated among the authorised vessels referred to in paragraphs 1 and 2, with up to a maximum of 200 tonnes of bluefin tuna weighing no less than 6,4 kg or 70 cm caught by bait boat vessels of an overall length of less than 17 m.

6.No more than 2 % of the Community quota for bluefin tuna may be allocated among its coastal artisanal fishery for fresh fish.

7.
(a)It shall be prohibited to land and/or tranship from vessels referred to in paragraphs 1 and 2 of the present Annex any quantity of bluefin tuna fished in East Atlantic at any place other than ports designated by Member States or by CPCs;

(b)Member States shall designate a place used for landing or a place closed to the shore (designated ports) where landing or transhipment operations of bluefin tuna are permitted;

(c)Member States shall transmit to the Commission no later than 30 June 2007 a list of designated ports. The Commission shall send this information to the ICCAT Executive Secretariat before 1 July 2007. Any subsequent changes to the list shall be notified to the Commission for transmission to the ICCAT Executive Secretariat, at least 15 days before the change shall come into force.

8.By way of derogation from the provision of Article 7 of Regulation (EEC) No 2847/93, the master of a Community vessel referred to in paragraphs 1 and 2 or his representative must notify the competent authority of the Member State (including the competent authority of their flag State) or of the CPC in whose ports or landing facility they whish to use at least 4 hours before the estimated time of arrival at the port, of the following:

(a)estimated time of arrival;

(b)estimate of quantity of bluefin tuna retain on board;

(c)information on the zone where the catches were taken.

9.Each Member State shall implement a catch reporting regime that insures effective monitoring of the utilisation of each vessel's quota.

10.Bluefin tuna catches may not be offered for retail sale to the final consumer, irrespective of the marketing method, unless appropriate marking or labelling indicates:

(a)the species, fishing gear used;

(b)the catch area and date.

11.Beginning 1 July 2007, Member States whose bait boats are authorised to fish for bluefin tuna in the East Atlantic shall institute tail tag requirements as follows:

(a)Tail tags must be affixed on each bluefin tuna immediately upon offloading.

(b)Each tail tag shall have a unique identification number and be included on bluefin tuna statistical documents and written on the outside of any package containing tuna.

Part II

Specification for logbooks

Minimum specifications for logbooks:

1.The logbook must be numbered by sheets.

2.The logbook must be filled every day (midnight) or before port arrival.

3.The logbook must be completed in case of at sea inspections.

4.One copy of the sheets must remain attached to the logbook.

5.Logbooks must be kept on board to cover a period of one year operation.

Minimum standard information for logbooks:

1.Master name and address.

2.Dates and ports of departure, dates and ports of arrival.

3.Vessel name, register number, ICCAT number and IMO number (if available). In case of joint fishing operations, vessel names, register numbers, ICCAT numbers and IMO numbers (if available) of all the vessels involved in the operation.

4.Fishing gear:

(a)type FAO code

(b)Dimension (length, mesh size, number of hooks …)

5.Operations at sea with one line (minimum) per day of trip, providing:

(a)Activity (fishing, steaming …)

(b)Position: Exact daily positions (in degree and minutes), recorded for each fishing operation or at noon when no fishing has been conducted during this day.

(c)Record of catches

6.Species identification:

(a)by FAO code

(b)round (RWT) weight in kg per day

7.Master signature

8.Observer signature (if applicable)

9.Means of weight measure: estimation, weighing on board

10.The logbook is kept in equivalent live weight of fish and mentions the conversion factors used in the evaluation.

Minimum information in case of landing, transhipment/transfer:

1.Dates and port of landing/transhipment/transfer

2.Products

(a)presentation

(b)number of fish or boxes and quantity in kg

3.Signature of the master or vessel agent

Part III

ICCAT transfer/transhipment declaration


In case of transfer of live fish indicate number of unit and live weight



Obligations in case of transfer/transhipment:

1.The original of the transfer/transhipment declaration must be provided to the recipient vessel tug/processing/transport).

2.The copy of the transfer/transhipment declaration must be kept by the correspondent catching fishing vessel.

3.Further transfers or transhipping operations shall be authorised by the relevant CP which authorised the vessel to operate.

4.The original of the transfer/transhipment declaration has to be kept by the recipient vessel which holds the fish, up to the farm or the landing place.

5.The transfer or transhipping operation shall be recorded in the log book of any vessel involved in the operation.

Part IV

ICCAT scheme of joint international inspection

The ICCAT Commission agreed at its Fourth Regular Meeting (Madrid, November 1975) that:

Pursuant to paragraph 3 of Article IX of the Convention, the ICCAT Commission recommends the establishment of the following arrangements for international control outside the waters under national jurisdiction for the purpose of ensuring the application of the Convention and the measures in force thereunder:

1.Control shall be carried out by inspectors of the fishery control services of Contracting Governments. The names of the inspectors appointed for that purpose by their respective governments shall be notified to the Commission.

2.Ships carrying inspectors shall fly a special flag or pennant approved by the ICCAT Commission to indicate that the inspector is carrying out international inspection duties. The names of the ships so used for the time being, which may be either special inspection vessels or fishing vessels, shall be notified to the ICCAT Commission, as soon as may be practical.

3.Each inspector shall carry a document of identify supplied by the authorities of the flag State in a form approved by the ICCAT Commission and given him on appointment stating that he has authority to act under arrangements approved by the ICCAT Commission.

4.Subject to the arrangements agreed under paragraph 9, a vessel employed for the time being in fishing for tuna or tuna-like fishes in the Convention Area outside the waters under national jurisdiction shall stop when given the appropriate signal in the International Code of Signals by a ship carrying an inspector unless actually carrying out fishing operations, in which case it shall stop immediately once it has finished such operations. The master (2) of the vessel shall permit the inspector, who may be accompanied by a witness, to board it. The master shall enable the inspector to make such examination of catch or gear and any relevant documents as the inspector deems necessary to verify the observance of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned and the inspector may ask for any explanations that he deems necessary.

5.On boarding the vessel an inspector shall produce the document described in 3. Inspections shall be made so that the vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish be avoided. An inspector shall limit his enquiries to the ascertainment of the facts in relation to the observance of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned. In making his examination an inspector may ask the master for any assistance he may require. He shall draw up a report of his inspection in a form approved by the ICCAT Commission. He shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations which he may think suitable and must sign such observations. Copies of the report shall be given to the master of the vessel and to the inspector's government who shall transmit copies to the appropriate authorities of the flag State of the vessel and to the ICCAT Commission. Where any infringement of the recommendations is discovered the inspector should, where possible, also inform the competent authorities of the flag State, as notified to the ICCAT Commission, and any inspection ship of the flag State known to be in the vicinity.

6.Resistance to an inspector or failure to comply with his directions shall be treated by the flag State of the vessel in a manner similar to resistance to any inspector of that State or a failure to comply with his directions.

7.Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this recommendation but they shall remain under the operational control of their national authorities and shall be responsible to them.

8.Contracting Governments shall consider and act on reports of foreign inspectors under these arrangements on a similar basis in accordance with their national legislation to the reports of national inspectors. The provisions of this paragraph shall not impose any obligation on a Contracting Government to give the report of a foreign inspector a higher evidential value than it would possess in the inspector's own country. Contracting Governments shall collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these arrangements.

9.
(i)Contracting Governments shall inform the ICCAT Commission by the 1st of March each year of their provisional plans for participation in these arrangements in the following year and the ICCAT Commission may make suggestions to Contracting Governments for the coordination of national operations in this field including the number of inspectors and ships carrying inspectors;

(ii)The arrangements set out in this recommendation and the plans for participation shall apply between Contracting Governments unless otherwise agreed between them; and such agreement shall be notified to the ICCAT Commission: Provided however, that implementation of the scheme shall be suspended between any two Contracting Governments if either of them has notified the ICCAT Commission to that effect, pending completion of an agreement.

10.
(i)The fishing gear shall be inspected in accordance with the regulations in force for the subarea in which the inspection takes place. The inspector will state the nature of this violation in this report.

(ii)Inspectors shall have the authority to inspect all fishing gear in use or that fishing gear on deck ready for use.

11.The inspector shall affix an identification mark approved by the ICCAT Commission to any fishing gear inspected which appears to be in contravention of the ICCAT Commission's recommendations in force in relation to the flag State of the vessel concerned and shall record this fact in his report.

12.The inspector may photograph the gear in such a way as to reveal those features which in his opinion are not in conformity with the regulation in force, in which case the subjects photographed should be listed in the report and copies of the photographs should be attached to the copy of the report to the flag State.

13.The inspector shall have authority, subject to any limitations imposed by the ICCAT Commission, to examine the characteristics of catches, to establish whether the ICCAT Commission's recommendations are being complied with. He shall report his findings to the authorities of the flag State of the inspected vessel as soon as possible. (Biennial Report 1974-75, Part II).

Remarks

It was agreed to leave in abeyance the date of entry into effect of the International Inspection Scheme until the ICCAT Commission decides otherwise.

ICCAT Pennant:

’

.

(1) OJ L 5, 9.1.2004, p. 25.

(2) Master refers to the individual in charge of the vessel.